Home     Links     Contact Us     Bookmark  
 
   Homepage      News      Legal Forum      Dictionary  
Home : Legal Forum : Child Adoption

The UN Convention on The Rights of The Child?
Find answers to your legal question.





The UN Convention on The Rights of The Child?

does this also apply to adoptees?
Additional Details
So, if the USA Ratified the Convention, they would have to release our birth records to us! I'd love to hear the excuse the Country has for not ratifying this Convention, as other countries have done. Very interesting - "land of the free", eh? I DON'T FEEL FREE! Hmmmmmpf!

Yes, I was born and adopted in the USA


    




julie j
That's a very good question Heather!

In a perfect world, all children would have the same rights. For those wondering what the UN Convention on the Rights of the Child is, here is some information on it:

The Convention acknowledges that every child has certain basic rights, including the right to life, his or her own name and identity, to be raised by his or her parents within a family or cultural grouping and have a relationship with both parents, even if they are separated.

Article 5 of the CRC states:

States Parties shall respect the responsibilities, rights and duties of parents or, where applicable, the members of the extended family or community as provided for by local custom, legal guardians or other persons legally responsible for the child, to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognized in the present Convention. There are several other articles as well that I do not have handy at the moment. I know Gershom could state what those are.

According to Amnesty International, 193 states are party to the Convention [7], almost all the members of the United Nations, save the United States and Somalia. The United States and Somalia have signed the Convention, but never completed their ratification processes. Canada has ratified the "CRC" but has not fully implemented the Convention in Canadian domestic laws.

Built on varied legal systems and cultural traditions, the Convention is a universally agreed set of non-negotiable standards and obligations. These basic standards—also called human rights—set minimum entitlements and freedoms that should be respected by governments. They are founded on respect for the dignity and worth of each individual, regardless of race, colour, gender, language, religion, opinions, origins, wealth, birth status or ability and therefore apply to every human being everywhere. With these rights comes the obligation on both governments and individuals not to infringe on the parallel rights of others. These standards are both interdependent and indivisible; we cannot ensure some rights without—or at the expense of—other rights.

The Convention on the Rights of the Child is the first legally binding international instrument to incorporate the full range of human rights—civil, cultural, economic, political and social rights. In 1989, world leaders decided that children needed a special convention just for them because people under 18 years old often need special care and protection that adults do not. The leaders also wanted to make sure that the world recognized that children have human rights too.

The Convention sets out these rights in 54 articles and two Optional Protocols. It spells out the basic human rights that children everywhere have: the right to survival; to develop to the fullest; to protection from harmful influences, abuse and exploitation; and to participate fully in family, cultural and social life. The four core principles of the Convention are non-discrimination; devotion to the best interests of the child; the right to life, survival and development; and respect for the views of the child. Every right spelled out in the Convention is inherent to the human dignity and harmonious development of every child. The Convention protects children's rights by setting standards in health care; education; and legal, civil and social services.

By agreeing to undertake the obligations of the Convention (by ratifying or acceding to it), national governments have committed themselves to protecting and ensuring children's rights and they have agreed to hold themselves accountable for this commitment before the international community. States parties to the Convention are obliged to develop and undertake all actions and policies in the light of the best interests of the child.

EDIT to add more info from Wikipedia: "The United Nations Convention on the Rights of the Child, often referred to as CRC or UNCRC, is an international convention setting out the civil, political, economic, social and cultural rights of children. It is monitored by the United Nations' Committee on the Rights of the Child which is composed of members from countries around the world.

Governments of countries that have ratified the "CRC" are required to report to, and appear before, the United Nations Committee on the Rights of the Child periodically to be examined on their progress with regards to the advancement of the implementation of the "CRC" and the status of child rights in their country. Their reports and the committee's written views and concerns are available on the committee's website.

All member nation states (countries) of the United Nations, except the USA and Somalia,[1] have ratified it, either partly or completely. The United Nations General Assembly agreed to adopt the Convention into international law as an advisory resolution on November 20, 1989; it came into force on September 2, 1990, after it was ratified by the required number of nations. The Convention generally defines a child as any person under the age of 18, unless an earlier age of majority is recognized by a country's law."

Unfortunately, our government has higher priorities than children & does not see fit to honor the UN Convention on the rights of the child. Adoptees are probably just one of their many reasons why they are not interested in doing so.

julie j
reunited adoptee


Gershom
The UN convention on the Rights of the Child DOES include adoptees, but since the United States hasn't ratified it, we can't hold grounds for open records here in the states based soley on the fact that it says a child must not be discriminated against due to their ancestry. This is why the UK has open records, Australia has open records etc......

My head isn't on straight today, i'll come back later and edit.


amyburt40
I believe that it does. It is still not ratified though. I am not even sure if the US has signed it yet either. I am sure that the adoption industry has fought this one as well. God forbid that all of us living adoption should have rights


Laurel J
Apparently it doesn't, because that would be very inconvenient for the adoption industry, particularly in countries like the US that are reluctant to change adoption policies.

But it certainly ought to.


crazy1everyday
Rating
Heather you have so many great ?'s It would be great if the convention included adoptees too as well as all three side of the triad.


Robin
Rating
Gershom answered the question that the CRC includes provisions for adoptees.

The US may not have ratified the CRC because doing so would subject the US to submit (legal authority) to the UN.

For example, one provision of the CRC reads; "44.1 ...submit to the Committee, through the Secretary-General of the United Nations, reports on the measures they have adopted which give effect to the rights recognized herein & on the progress made on the enjoyment of those rights: (a) Within two years of the entry into force of the Convention for the State Party concerned..."

Many Americans object to giving control of any part of our legal system over to the UN or any other country. Not saying it's right or wrong...just suggesting that it might be why the lack of ratification.

Perhaps US citizens should push the government for similar protections under US law? Just an idea...

see the full text at this link:
http://www.unhchr.ch/html/menu3/b/k2crc.htm


BPD Wife
Rating
I hadn't heard of this.....do you have a website or something you could share so we could look at it in more detail? I'll try to do some of my own research too.


mistk_dolphins
very interesting Heather. were you adpoted?





 Enter Your Message or Comment


User Name:  
User Email:   
Post a comment:




Legal Discussion Forum

 How many people do you think are effected by adoption without realizing?
For example, my bsibling was 31 years old before my existence was revealed. Some adoptees here mention that even after search/reunion their bparents won't tell their other children about the ...


 Adopting a child?
I might decide to adopt a child, probably at China. I've watched a topic on Oprah that there are babies abandoned by their mother and/or father. I was thinking that if my life doesn't lead ...


 Madonna and adopting?
I've been seeing quite a bit lately about Madonna adopting another orphan from a third world country. It seems a lot of people are pretty upset by this. Why? I would much rather see a child ...


 Looking for birth mother?
I'm looking for my birth mom her name is Dawn Marie Hardesty I've heard she was last in the LA or TX region. I was born in June of 84 any info would be helpful.
Additional Details<...


 Should Crisis Pregnancy Centers be government funded?
and if so, should they be pushing adoption only? I understand that they will not offer assistance unless the mother surrenders to adoption.
Additional Details
I am glad that the women ...


 Will Evelyn Bennett feel anger towards her adopters when she hears her mother's story?
Stephanie Bennett lost her case due to the ineptitude of the attorney who was representing her early in her case (he committed suicide on Evelyn's second birthday) and her family's lack of ...


 Looking for biological parents?
I was born in 1980 in texas. Found out when i was 18 that i was adopted. I have my birth mothers name and that she was from St. Louis. I search her name on the internet from time to time to no ...


 AP: Has anyone ever regret how they adopted?
I am wondering if anyone, after reading these boards, regrets how they adopted their children? Do you regret the adoption ever, or do you regret not opening the adoption, doing pre-birth etc. etc. ...


 What is the minimal age that a single person must be in order to adopt a child?
I am 21 right now and am not ready yet financially to adopt since I just finished college, but would like to do so when I am ready. I have planned to eventually adopt since I was in junior high and ...


 Does anyone know which states legally honor open adoption?
I know there are only about twelve that honor an open adoption plan legally. Do you know which states do this? And why don't the rest of the states in our country follow this practice?
T...


 Questions on our adoption application?
I am filling out our application for adoption through foster care. There are a few questions that I am not sure how to answer....

1. Describe any skills, knowledge, or experience w/ ...


 Has anyone here been involved in an open adoption?
I know zilch about open adoptions so i had a few questions --

1) were you involved in one and what part of the triad did/do you play?
2) what are the varying degrees of openness and ...


 Can I Stop An Adoption?
My father was abusive to my brothers and I. I will have permanent jaw problems from the time he gave me an upper cut because I was arguing with him. And that is just one example. Now he and his ...


 What are some benefits to adopting an older child.?
IT kinda makes me sad when all I see are negatives about adopting an older child. Some who have or would adopt an older child even view it as some what of a sacrafice to adopt an older child.
<...


 Has anyone had a bad experience with closed or open adoptions? PLEASE ANYTHING WILL HELP!!!!!?
Im writing a report, trying to convince readers that open adoptions are better for all parties. I would like to use real life examples that will draw the reader's attention. Please share a bad ...


 Are adoption records sealed from Judges also?
My sister is now pregnant. The baby's father is threatening to get custody of the baby and plans to use the fact that my sister gave a baby up for adoption years ago to win his case. Can he do ...


 When People Have Issues Related to Adoption?
Why do people chime in and say 'it has nothing to do with adoption' or 'adoption is not the issue' how do they know that?

What's with the denial that adoption ...


 Birthdate 13th June 1948.?
Are you Male, is this your dob & were you adopted in UK? Long shot,but I keep hoping....


 How to network to increase chance of open or independent adoption?
I am an adopted adult who would like to adopt a child or children within USA. We are already homestudy approved. It has been suggested to husband and I that we network in an attempt to adopt a ...


 June 22nd, 1971 - Did you give up a baby for adoption on this day?
...




Copyright (c) 2009-2013 Wiki Law 3k Sunday, May 19, 2013 - Trusted legal information for you.
Archive: Forum  |  Forum  |  Forum  |  Links
0.144